Case law

K.H. v. Dixon

Court of Appeals of North Carolina · Oct 1, 2024

This Court has indicated that “[s]overeign immunity is not merely a defense to a cause of action; it is a bar to actions that requires a plaintiff to establish a waiver of immunity.” Id. … Thus, plaintiff’s contention falls short of establishing that defendant waived its sovereign immunity.

Area Landscaping, L.L.C. v. Glaxo-Wellcome, Inc.

160 N.C. App. 520 · Court of Appeals of North Carolina · Oct 7, 2003

As this Court explained in a tortious interference with contract case regarding an *524 employment contract: “It is true that so-called ‘non-outsiders’ often enjoy qualified immunity from liability for inducing their corporation … However, the qualified immunity is lost if the non-outsider acts with a wrongful purpose. See Lenzer, 106 N.C. App. at 513 , 418 S.E.2d at 286 .

Epps v. Duke University, Inc.

122 N.C. App. 198 · Court of Appeals of North Carolina · Apr 16, 1996

However, denial of a motion for summary judgment “ ‘on the grounds of sovereign and qualified immunity is immediately appealable.’ ” Id. (citation omitted). … The foregoing restates the law of official immunity as established by our Supreme Court.

Beck v. City of Durham

154 N.C. App. 221 · Court of Appeals of North Carolina · Dec 3, 2002

The record in the instant case clearly indicates that plaintiff filed his amended complaint approximately four minutes after the hearing on defendants’ motion to dismiss began. … Plaintiff failed to set forth specific facts establishing that these claims were not barred by the statute of limitations. III.

Cabrera v. City of Durham

808 S.E.2d 180 · Court of Appeals of North Carolina · Dec 5, 2017

Chambers further alleged that he was entitled to qualified immunity as a matter of law. The trial court entered a written judgment upon the jury's verdict on 15 December 2015. … Because Chambers' arguments on JNOV with respect to nominal damages and qualified immunity were not raised in defendants' motion for directed verdict, they could not be properly asserted on JNOV.

T&A Amusements, LLC v. McCrory

251 N.C. App. 904 · Court of Appeals of North Carolina · Feb 7, 2017

T&A is a distributor for Crazie Overstock and, as such, is responsible for recruiting persons to operate retail establishments and for helping to set up and service those establishments. … App. 119, 125, 759 S.E.2d 304, 309 (“Sovereign immunity is not merely a defense to a cause of action; it is a bar to actions that requires a plaintiff to establish a waiver of immunity.”

Warren v. New Hanover County Board of Education

104 N.C. App. 522 · Court of Appeals of North Carolina · Nov 19, 1991

To establish a cause of action for wrongful discharge or demotion in violation of the employee’s First Amendment rights, the employee must show first “that the speech complained of qualified as protected speech or activity … Additionally, we find it unnecessary to address defendants’ arguments regarding qualified immunity.

Frink v. Batten

197 N.C. App. 231 · Court of Appeals of North Carolina · May 19, 2009

When the appeal arises from a motion "made on the grounds of sovereign and qualified immunity, such a denial is immediately appealable, because to force a defendant to proceed with a trial from which he should be immune would … A North Carolina sheriff is considered a public official for sovereign immunity purposes, which means waiver of immunity must be established. Summey v. Barker, 142 N.C. App. 688, 691 , 544 S.E.2d 262, 265 (2001).

Vereen v. Holden

121 N.C. App. 779 · Court of Appeals of North Carolina · Mar 5, 1996

Because we conclude that this test fairly, succinctly and clearly states the purpose of legislative immunity, we adopt it as a test in suits against local governments and local officials. *783 Whether an action is legislative … Applying the Scott rule to the case before us, it is clearly too early in the proceedings to determine the applicability of legislative immunity.

Oakwood Acceptance Corp., LLC v. Massengill

162 N.C. App. 199 · Court of Appeals of North Carolina · Jan 20, 2004

“Under the doctrine of governmental immunity, a county is immune from suit for the negligence of its employees in the exercise of governmental functions absent waiver of immunity.” … Monell and the decisions that followed “[made] it quite clear that, unlike various government officials, municipalities do not enjoy immunity from suit — either absolute or qualified — -under § 1983.” Leatherman v.

Triplett Ex Rel. Triplett v. Triplett

34 N.C. App. 212 · Court of Appeals of North Carolina · Oct 5, 1977

If the immunity rule in ordinary negligence cases is no longer suited to the times ... we think innovation upon the established law in the field should be accomplished prospectively by legislation rather than retroactively … The intent of the Legislature is clearly stated as to when the law should take effect. Since the cause of action in the instant case accrued on 1 September 1975, it is clear that the statute gives no right of action.

Cline v. James Bane Home Bldg.

Court of Appeals of North Carolina · Jun 15, 2021

sovereign, absolute or qualified immunity, the denial of a motion for summary judgment is immediately appealable.” … The insurance policy at issue there contained the following exclusion: “this policy provides coverage only for occurrences or wrongful acts for which the defense of governmental immunity is clearly not applicable

Lambert v. Town of Sylva

259 N.C. App. 294 · Court of Appeals of North Carolina · May 1, 2018

App. 680, 684-85, 446 S.E.2d 126, 129 (1994) (“Qualified immunity is an affirmative defense that must be pleaded by the defendant. … This is not the law as established by the United States Supreme Court.

Buchanan v. Hight

133 N.C. App. 299 · Court of Appeals of North Carolina · May 18, 1999

In the amended answer, defendant denied the allegations and asserted the defenses of qualified immunity and governmental immunity. … Judgment on the pleadings is proper where the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law. Trust Co. v. Elzey, 26 N.C.

Stone v. City of Fayetteville

3 N.C. App. 261 · Court of Appeals of North Carolina · Dec 18, 1968

Asheville, supra, clearly established governmental immunity for North Carolina municipal corporations from wrongful death actions arising from the operation of a public sewerage system. Williams v. … Greenville, supra, appears to establish the principle for a facility maintained by a city for sewerage and drainage. James v. Charlotte, supra, applies the doctrine to a sanitation department maintained by a city.

Messick v. Catawba County, NC

110 N.C. App. 707 · Court of Appeals of North Carolina · Jul 6, 1993

Clearly, the Commissioners, as sued in their official capacities, are immune from the plaintiff’s suit. … Clearly, the sheriff in the instant case is immune from suit in his individual capacity from the plaintiff’s causes of action in negligence and negligent infliction of emotional distress.

Combs v. Town of Belhaven, NC

106 N.C. App. 71 · Court of Appeals of North Carolina · Apr 7, 1992

According to G.S. 160A-485(a), however, a town may waive this immunity by purchasing liability insurance. … These contractual provisions clearly exclude coverage for the claims set forth by plaintiff. Coverage A, however, does not contain an exclusion for such acts committed by a Law Enforcement Employee.

Mitchell v. Pruden

251 N.C. App. 554 · Court of Appeals of North Carolina · Jan 17, 2017

Plaintiffs alleged that defendant’s reference to “competition” was “clearly a reference” to the public charter schools for children of Brunswick County. … It is well established that “a conclusory allegation that a public official acted willfully and wantonly should not be sufficient, by itself, to withstand a Rule 12(b)(6) motion to dismiss.

Anderson Ex Rel. Jerome v. Town of Andrews

127 N.C. App. 599 · Court of Appeals of North Carolina · Nov 4, 1997

In general, municipalities in North Carolina are immune from liability for their negligent acts arising out of governmental activities unless the municipality waives such immunity by purchasing liability insurance. … However, recent case law clearly establishes that if immunity is raised as a basis in the motion for summary adjudication, a substantial right is affected and the denial is immediately appealable. 2 Thus, as to the issue

Petroleum Traders Corp. v. State

190 N.C. App. 542 · Court of Appeals of North Carolina · May 20, 2008

Defendants assert that the Declaratory Judgment Act does not waive sovereign immunity, and Plaintiff concedes that it “has not relied on the Declaratory Judgment Act to establish the absence of sovereign immunity.” … We agree, and conclude that the waiver of sovereign immunity established by Corum does not extend to Count I or II of Plaintiff’s complaint.